Hi everybody!

We hired a trucking company to make a delivery to one of our client. The trucker signed a contract before the delivery mentioning that he was liable in case something happen during the shipment. When they open the crate at the client's place, the item was broken in two. The trucker signed on the delivery receipt that the item was broken at the delivery.

Apparently, since that the trucker seems to try to avoid our company on the phone, he doesn't want to give us a receipt and hang up on us each time we have him on the phone. Of course, as we want to keep a good image, we told to the client that we take care of everything. Is there anyway to have the insurance of the trucker or the trucker himself pay for the replacement of the item?

Please let me know what we can do as it is the first time we are facing such an issue. Look forward to your reply

Was it a contracted trucker, or does he work for a company?

It sounds like you need to take him to court. If he won't even communicate with you - hopefully the value is not too much and small claims court will do.

I would try to send him a demand letter with copies of receipts, contracts and everything. Give him a date to respond. Of course - make copies of everything that you send to him as well.

The value is around 1000$. It seems to be a contracted trucker as one of the guy of the delivery is one of the partner of the company. It looks like they did the delivery with a rented truck. Do I need an attorney to take him to court? Does it cost money to go to court? Is there any fees? What are my risks?

You should be able to take him to small claims court. You will have to pay filing fees, and the like, which are minimal. You will have to provide service of the documents, which can be done by certified mail, return receipt (generally doesn't happen, as most people simply will not pick up the mail, or accept it), or by the sheriff's department. The price still is not unreasonable.

Sometimes, once somebody receives these documents, and they know how serious you are, you will get paid. If not, you will get a court date, and go to court. You and he will explain to the judge your sides, and the judge will make a decision. Sometimes people have been known to pay on the day of the court hearing, the whole thing simply being a test to see how far you will go.

If you get a judgement, with no payment, you will have to have a "disclosure hearing" after 30 days. This is where the person needs to come in and explain why they have not paid. If the person does not arrive for that hearing, you can actually place a civil order for arrest, where the person is picked up by the sheriff, and brought to court. You must be there at that time.

So you see, it can be quite a process. I think if you start the process officially, you may see some results.

I know that most of the national freight companies have insurance, and a formal claims policy, to assist with this. I have never had a problem with freight damage when claimed and documented at the time of delivery.